Legal Question in Wills and Trusts in New York
funeral trust fund
my brother in law has a check of nearly 10,000 dollars that is made out to the ''estate of'' with his name below. the bank won't cash it so he can disperse between my husband and their sister because she didnt have a will. how can we get this cashed?
2 Answers from Attorneys
Re: funeral trust fund
A family member can petition the Surrogate to have a small estate proceeding to name an individual to serve as the fiduciary. The procedure is simple and not at all costly. The fiduciary will be able to endorse and deposit the check in a bank. You can seek assistance from a clerk at the surrogate's court.
Re: funeral trust fund
I agree with Norman that if there has been no probate procedure (no Will has been submitted for probate and no one appointed as either Executor or Administrator) and, depending upon other assets involved, a family member can ask for a small estate appointment, and then deposit the check to an estate account. The fact his name appears if probably based upon the check being sent to his address. The check, payable to the estate, requires someone be appointed as the estate representative.
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